Everett Frazier, Commissioner WV DMV v. John Fouch, III

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Petitioner appeals the decision of the Circuit Court of Kanawha County reversing the Office of Administrative Hearings’ order revoking Respondent’s driver’s license for driving while under the influence. In reversing the OAH’s decision, the circuit court concluded that the OAH improperly admitted certain evidence relevant to Respondent’s intoxication. Continued